Excelsior Correspondent
Srinagar, May 14: High Court has quashed two detention orders with the direction to release the detenues from preventive custody and upheld the one passed under Public Safety Act (PSA).
The court quashed the detention order of Mohammad Jalal Sheikh of Solina Srinagar and Abdul Majid Khan of Budgam. These detenues were detained by District Magistrates of Srinagar and Budgam on 28.02.2022 and 18.10.2021 respectively.
Court while quashing the detention of detenu-Khan said that neither in the order of detention nor in the ground of detention was the detenu informed that apart from his right to make a representation to the Government, he had also a right to make a representation to the detaining authority against the order of detention.
“If that be so, then such a failure would make the order of detention unsustainable in law. Consequently, the order impugned is quashed. The respondents are directed to release the petitioner forthwith if not required in any other case”, Justice D S Thakur concluded.
Dealing with the case of detenu-Sheikh Justice M A Chowdhary said the detenue had filed the representation against his detention to the Detaining authority and the same has not been considered by the respondents till date as there is no mention with regard to the said representation filed by the detenue, either in the reply affidavit or in the detention record. “As such, this Court is left with no option but to accept the stand of the detenue that he has moved representation against his detention, but the same has not been considered”, Court said.
Court has dismissed the plea of detenu-Murtaza Rashid by recording that the grounds of detention reflect that the detenu was affiliated with The Resistance Front (TRF), the aim and object of which was to secede the Union Territory of J&K from the Union of India and annex it with Pakistan. It is stated that the detenu came in contact with various militant organizations under whose influence he developed separatist ideology and agreed to carry out subversive activities prejudicial to the security of the State.
It has been stated before the court that TRF was responsible for civilian killings in District Srinagar and other parts of the valley and as per the inputs received from various agencies and blogs on social media platform, it got substantiated that TRF was acting at the behest of agencies from across the border. The petitioner as stated, was at the behest of TRF across the border providing logistic support including transportation of arms of militants from one place to another through unconventional and safe passages.
“Having considered the entire matter, in my opinion, no ground for interference is made out. The impugned order of detention is perfectly legal and valid. The petition is found to be without any merit and is accordingly dismissed”, Court concluded.
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